Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
SUPREME COURT
Manila
EN BANC
R E SO L U T I O
REGALADO, J.:
Petitioner prays this Court "to order the respondent to cease and desist from
issuing advertisements similar to or of the same tenor as that of annexes "A" and
"B" (of said petition) and to perpetually prohibit persons or entities from making
advertisements pertaining to the exercise of the law profession other than those
allowed by law."
Annex A
SECRET MARRIAGE?
P560.00 for a valid marriage.
Info on DIVORCE. ABSENCE.
ANNULMENT. VISA.
THE Please call: 521-0767 LEGAL 5217232, 5222041 CLINIC, INC. 8:30 am—
6:00 pm 7-Flr. Victoria Bldg., UN Ave., Mla.
Annex B
GUAM DIVORCE.
DON PARKINSON
In its answer to the petition, respondent admits the fact of publication of said
advertisement at its instance, but claims that it is not engaged in the practice of
law but in the rendering of "legal support services" through paralegals with the
use of modern computers and electronic machines. Respondent further argues
that assuming that the services advertised are legal services, the act of
advertising these services should be allowed supposedly
in the light of the case of John R. Bates and Van O'Steen vs. State Bar of
Arizona, 2 reportedly decided by the United States Supreme Court on June 7,
1977.
Considering the critical implications on the legal profession of the issues raised
herein, we required the (1) Integrated Bar of the Philippines (IBP), (2) Philippine
Bar Association (PBA), (3) Philippine Lawyers' Association (PLA), (4) U.P.
Womens Lawyers' Circle (WILOCI), (5) Women Lawyers Association of the
Philippines (WLAP), and (6) Federacion International de Abogadas (FIDA) to
submit their respective position papers on the controversy and, thereafter, their
memoranda. 3 The said bar associations readily responded and extended their
valuable services and cooperation of which this Court takes note with
appreciation and gratitude.
The main issues posed for resolution before the Court are whether or not the
services offered by respondent, The Legal Clinic, Inc., as advertised by it
constitutes practice of law and, in either case, whether the same can properly be
the subject of the advertisements herein complained of.
Before proceeding with an in-depth analysis of the merits of this case, we deem it
proper and enlightening to present hereunder excerpts from the respective
position papers adopted by the aforementioned bar associations and the
memoranda submitted by them on the issues involved in this bar matter.
The Integrated Bar of the Philippines (IBP) does not wish to make issue with
respondent's foreign citations. Suffice it to state that the IBP has made its
position manifest, to wit, that it strongly opposes the view espoused by
respondent (to the effect that today it is alright to advertise one's legal services).
The IBP would therefore invoke the administrative supervision of this Honorable
Court to perpetually restrain respondent from undertaking highly unethical
activities in the field of law practice as aforedescribed. 4
A. The use of the name "The Legal Clinic, Inc." gives the impression that
respondent corporation is being operated by lawyers and that it renders legal
services.
While the respondent repeatedly denies that it offers legal services to the public,
the advertisements in question give the impression that respondent is offering
legal services. The Petition in fact simply assumes this to be so, as earlier
mentioned, apparently because this (is) the effect that the advertisements have
on the reading public.
Article 26. . . .
It must not be forgotten, too, that the Family Code (defines) a marriage as
follows:
In addition, it may also be relevant to point out that advertisements such as that
shown in Annex "A" of the Petition, which contains a cartoon of a motor vehicle
with the words "Just Married" on its bumper and seems to address those
planning a "secret marriage," if not suggesting a "secret marriage," makes light of
the "special contract of permanent union," the inviolable social institution," which
is how the Family Code describes marriage, obviously to emphasize its sanctity
and inviolability. Worse, this particular advertisement appears to encourage
marriages celebrated in secrecy, which is suggestive of immoral publication of
applications for a marriage license.
The IBP is aware of the fact that providing computerized legal research,
electronic data gathering, storage and retrieval, standardized legal forms,
investigators for gathering of evidence, and like services will greatly benefit the
legal profession and should not be stifled but instead encouraged. However,
when the conduct of such business by non-members of the Bar encroaches upon
the practice of law, there can be no choice but to prohibit such business.
Admittedly, many of the services involved in the case at bar can be better
performed by specialists in other fields, such as computer experts, who by
reason of their having devoted time and effort exclusively to such field cannot
fulfill the exacting requirements for admission to the Bar. To prohibit them from
"encroaching" upon the legal profession will deny the profession of the great
benefits and advantages of modern technology. Indeed, a lawyer using a
computer will be doing better than a lawyer using a typewriter, even if both are
(equal) in skill.
Both the Bench and the Bar, however, should be careful not to allow or tolerate
the illegal practice of law in any form, not only for the protection of members of
the Bar but also, and more importantly, for the protection of the public.
Technological development in the profession may be encouraged without
tolerating, but instead ensuring prevention of illegal practice.
Respondent asserts that it "is not engaged in the practice of law but engaged in
giving legal support services to lawyers and laymen, through experienced
paralegals, with the use of modern computers and electronic machines" (pars. 2
and 3, Comment). This is absurd. Unquestionably, respondent's acts of holding
out itself to the public under the trade name "The Legal Clinic, Inc.," and soliciting
employment for its enumerated services fall within the realm of a practice which
thus yields itself to the regulatory powers of the Supreme Court. For respondent
to say that it is merely engaged in paralegal work is to stretch credulity.
Respondent's own commercial advertisement which announces a certain Atty.
Don Parkinson to be handling the fields of law belies its pretense. From all
indications, respondent "The Legal Clinic, Inc." is offering and rendering legal
services through its reserve of lawyers. It has been held that the practice of law is
not limited to the conduct of cases in court, but includes drawing of deeds,
incorporation, rendering opinions, and advising clients as to their legal right and
then take them to an attorney and ask the latter to look after their case in court
See Martin, Legal and Judicial Ethics, 1984 ed., p. 39).
It is apt to recall that only natural persons can engage in the practice of law, and
such limitation cannot be evaded by a corporation employing competent lawyers
to practice for it. Obviously, this is the scheme or device by which respondent
"The Legal Clinic, Inc." holds out itself to the public and solicits employment of its
legal services. It is an odious vehicle for deception, especially so when the public
cannot ventilate any grievance for malpractice against the business conduit.
Precisely, the limitation of practice of law to persons who have been duly
admitted as members of the Bar (Sec. 1, Rule 138, Revised Rules of Court) is to
subject the members to the discipline of the Supreme Court. Although
respondent uses its business name, the persons and the lawyers who act for it
are subject to court discipline. The practice of law is not a profession open to all
who wish to engage in it nor can it be assigned to another (See 5 Am. Jur. 270).
It is a personal right limited to persons who have qualified themselves under the
law. It follows that not only respondent but also all the persons who are acting for
respondent are the persons engaged in unethical law practice. 6
3. The advertisements complained of are not only unethical, but also misleading
and patently immoral; and
4. The Honorable Supreme Court has the power to supress and punish the Legal
Clinic and its corporate officers for its unauthorized practice of law and for its
unethical, misleading and immoral advertising.
Respondent posits that is it not engaged in the practice of law. It claims that it
merely renders "legal support services" to answers, litigants and the general
public as enunciated in the Primary Purpose Clause of its Article(s) of
Incorporation. (See pages 2 to 5 of Respondent's Comment). But its advertised
services, as enumerated above, clearly and convincingly show that it is indeed
engaged in law practice, albeit outside of court.
As advertised, it offers the general public its advisory services on Persons and
Family Relations Law, particularly regarding foreign divorces, annulment of
marriages, secret marriages, absence and adoption; Immigration Laws,
particularly on visa related problems, immigration problems; the Investments Law
of the Philippines and such other related laws.
Its advertised services unmistakably require the application of the aforesaid law,
the legal principles and procedures related thereto, the legal advices based
thereon and which activities call for legal training, knowledge and experience.
Applying the test laid down by the Court in the aforecited Agrava Case, the
activities of respondent fall squarely and are embraced in what lawyers and
laymen equally term as "the practice of law." 7
In the same manner, the general public should also be protected from the
dangers which may be brought about by advertising of legal services. While it
appears that lawyers are prohibited under the present Code of Professional
Responsibility from advertising, it appears in the instant case that legal services
are being advertised not by lawyers but by an entity staffed by "paralegals."
Clearly, measures should be taken to protect the general public from falling prey
to those who advertise legal services without being qualified to offer such
services. 8
Annexes "A" and "B" of the petition are clearly advertisements to solicit cases for
the purpose of gain which, as provided for under the above cited law, (are) illegal
and against the Code of Professional Responsibility of lawyers in this country.
Annex "A" of the petition is not only illegal in that it is an advertisement to solicit
cases, but it is illegal in that in bold letters it announces that the Legal Clinic, Inc.,
could work out/cause the celebration of a secret marriage which is not only illegal
but immoral in this country. While it is advertised that one has to go to said
agency and pay P560 for a valid marriage it is certainly fooling the public for valid
marriages in the Philippines are solemnized only by officers authorized to do so
under the law. And to employ an agency for said purpose of contracting marriage
is not necessary.
No amount of reasoning that in the USA, Canada and other countries the trend is
towards allowing lawyers to advertise their special skills to enable people to
obtain from qualified practitioners legal services for their particular needs can
justify the use of advertisements such as are the subject matter of the petition, for
one (cannot) justify an illegal act even by whatever merit the illegal act may
serve. The law has yet to be amended so that such act could become justifiable.
We submit further that these advertisements that seem to project that secret
marriages and divorce are possible in this country for a fee, when in fact it is not
so, are highly reprehensible.
It would encourage people to consult this clinic about how they could go about
having a secret marriage here, when it cannot nor should ever be attempted, and
seek advice on divorce, where in this country there is none, except under the
Code of Muslim Personal Laws in the Philippines. It is also against good morals
and is deceitful because it falsely represents to the public to be able to do that
which by our laws cannot be done (and) by our Code of Morals should not be
done.
In the case (of) In re Taguda, 53 Phil. 37, the Supreme Court held that solicitation
for clients by an attorney by circulars of advertisements, is unprofessional, and
offenses of this character justify permanent elimination from the Bar. 10
1.7 That entities admittedly not engaged in the practice of law, such as
management consultancy firms or travel agencies, whether run by lawyers or not,
perform the services rendered by Respondent does not necessarily lead to the
conclusion that Respondent is not unlawfully practicing law. In the same vein,
however, the fact that the business of respondent (assuming it can be engaged
in independently of the practice of law) involves knowledge of the law does not
necessarily make respondent guilty of unlawful practice of law.
1.8 From the foregoing, it can be said that a person engaged in a lawful calling
(which may involve knowledge of the law) is not engaged in the practice of law
provided that:
(b) The services performed are not customarily reserved to members of the bar; .
All these must be considered in relation to the work for any particular client as a
whole.
1.9. If the person involved is both lawyer and non-lawyer, the Code of
Professional Responsibility succintly states the rule of conduct:
Rule 15.08 — A lawyer who is engaged in another profession or occupation
concurrently with the practice of law shall make clear to his client whether he is
acting as a lawyer or in another capacity.
1.10. In the present case. the Legal Clinic appears to render wedding services
(See Annex "A" Petition). Services on routine, straightforward marriages, like
securing a marriage license, and making arrangements with a priest or a judge,
may not constitute practice of law. However, if the problem is as complicated as
that described in "Rx for Legal Problems" on the Sharon Cuneta-Gabby
Concepcion-Richard Gomez case, then what may be involved is actually the
practice of law. If a non-lawyer, such as the Legal Clinic, renders such services
then it is engaged in the unauthorized practice of law.
1.11. The Legal Clinic also appears to give information on divorce, absence,
annulment of marriage and visas (See Annexes "A" and "B" Petition). Purely
giving informational materials may not constitute of law. The business is similar
to that of a bookstore where the customer buys materials on the subject and
determines on the subject and determines by himself what courses of action to
take.
It is not entirely improbable, however, that aside from purely giving information,
the Legal Clinic's paralegals may apply the law to the particular problem of the
client, and give legal advice. Such would constitute unauthorized practice of law.
1.12. Respondent, of course, states that its services are "strictly non-diagnostic,
non-advisory. "It is not controverted, however, that if the services "involve giving
legal advice or counselling," such would constitute practice of law (Comment,
par. 6.2). It is in this light that FIDA submits that a factual inquiry may be
necessary for the judicious disposition of this case.
2.10. Annex "A" may be ethically objectionable in that it can give the impression
(or perpetuate the wrong notion) that there is a secret marriage. With all the
solemnities, formalities and other requisites of marriages (See Articles 2, et seq.,
Family Code), no Philippine marriage can be secret.
2.11. Annex "B" may likewise be ethically objectionable. The second paragraph
thereof (which is not necessarily related to the first paragraph) fails to state the
limitation that only "paralegal services?" or "legal support services", and not legal
services, are available." 11
Practice of law means any activity, in or out of court, which requires the
application of law, legal procedures, knowledge, training and experience. To
engage in the practice of law is to perform those acts which are characteristic of
the profession. Generally, to practice law is to give advice or render any kind of
service that involves legal knowledge or skill. 12
The practice of law is not limited to the conduct of cases in court. It includes legal
advice and counsel, and the preparation of legal instruments and contract by
which legal rights are secured, although such matter may or may not be pending
in a court. 13
In the practice of his profession, a licensed attorney at law generally engages in
three principal types of professional activity: legal advice and instructions to
clients to inform them of their rights and obligations, preparation for clients of
documents requiring knowledge of legal principles not possessed by ordinary
layman, and appearance for clients before public tribunals which possess power
and authority to determine rights of life, liberty, and property according to law, in
order to assist in proper interpretation and enforcement of law. 14
In the recent case of Cayetano vs. Monsod, 19 after citing the doctrines in several
cases, we laid down the test to determine whether certain acts constitute
"practice of law," thus:
The rendition of services requiring the knowledge and the application of legal
principles and technique to serve the interest of another with his consent. It is not
limited to appearing in court, or advising and assisting in the conduct of litigation,
but embraces the preparation of pleadings, and other papers incident to actions
and special proceedings, conveyancing, the preparation of legal instruments of
all kinds, and the giving of all legal advice to clients. It embraces all advice to
clients and all actions taken for them in matters connected with the law.
The practice of law is not limited to the conduct of cases on court.(Land Title
Abstract and Trust Co. v. Dworken , 129 Ohio St. 23, 193N. E. 650). A person is
also considered to be in the practice of law when he:
This Court, in the case of Philippines Lawyers Association v. Agrava (105 Phil.
173, 176-177),stated:
The practice of law is not limited to the conduct of cases or litigation in court; it
embraces the preparation of pleadings and other papers incident to actions and
special proceedings, the management of such actions and proceedings on behalf
of clients before judges and courts, and in addition, conveying. In general, all
advice to clients, and all action taken for them in matters connected with the law
incorporation services, assessment and condemnation services contemplating an
appearance before a judicial body, the foreclosure of a mortgage, enforcement of
a creditor's claim in bankruptcy and insolvency proceedings, and conducting
proceedings in attachment, and in matters or estate and guardianship have been
held to constitute law practice, as do the preparation and drafting of legal
instruments, where the work done involves the determination by the trained legal
mind of the legal effect of facts and conditions. (5 Am. Jr. p. 262, 263).
The practice of law, therefore, covers a wide range of activities in and out of
court. Applying the aforementioned criteria to the case at bar, we agree with the
perceptive findings and observations of the aforestated bar associations that the
activities of respondent, as advertised, constitute "practice of law."
The contention of respondent that it merely offers legal support services can
neither be seriously considered nor sustained. Said proposition is belied by
respondent's own description of the services it has been offering, to wit:
What is palpably clear is that respondent corporation gives out legal information
to laymen and lawyers. Its contention that such function is non-advisory and non-
diagnostic is more apparent than real. In providing information, for example,
about foreign laws on marriage, divorce and adoption, it strains the credulity of
this Court that all the respondent corporation will simply do is look for the law,
furnish a copy thereof to the client, and stop there as if it were merely a
bookstore. With its attorneys and so called paralegals, it will necessarily have to
explain to the client the intricacies of the law and advise him or her on the proper
course of action to be taken as may be provided for by said law. That is what its
advertisements represent and for the which services it will consequently charge
and be paid. That activity falls squarely within the jurisprudential definition of
"practice of law." Such a conclusion will not be altered by the fact that respondent
corporation does not represent clients in court since law practice, as the weight
of authority holds, is not limited merely giving legal advice, contract drafting and
so forth.
This is the kind of business that is transacted everyday at The Legal Clinic, with
offices on the seventh floor of the Victoria Building along U. N. Avenue in Manila.
No matter what the client's problem, and even if it is as complicated as the
Cuneta-Concepcion domestic situation, Atty. Nogales and his staff of lawyers,
who, like doctors are "specialists" in various fields can take care of it. The Legal
Clinic, Inc. has specialists in taxation and criminal law, medico-legal problems,
labor, litigation, and family law. These specialist are backed up by a battery of
paralegals, counsellors and attorneys.
Atty. Nogales set up The Legal Clinic in 1984. Inspired by the trend in the
medical field toward specialization, it caters to clients who cannot afford the
services of the big law firms.
The Legal Clinic has regular and walk-in clients. "when they come, we start by
analyzing the problem. That's what doctors do also. They ask you how you
contracted what's bothering you, they take your temperature, they observe you
for the symptoms and so on. That's how we operate, too. And once the problem
has been categorized, then it's referred to one of our specialists.
There are cases which do not, in medical terms, require surgery or follow-up
treatment. These The Legal Clinic disposes of in a matter of minutes. "Things like
preparing a simple deed of sale or an affidavit of loss can be taken care of by our
staff or, if this were a hospital the residents or the interns. We can take care of
these matters on a while you wait basis. Again, kung baga sa hospital, out-
patient, hindi kailangang ma-confine. It's just like a common cold or diarrhea,"
explains Atty. Nogales.
Those cases which requires more extensive "treatment" are dealt with
accordingly. "If you had a rich relative who died and named you her sole heir,
and you stand to inherit millions of pesos of property, we would refer you to a
specialist in taxation. There would be real estate taxes and arrears which would
need to be put in order, and your relative is even taxed by the state for the right
to transfer her property, and only a specialist in taxation would be properly
trained to deal with the problem. Now, if there were other heirs contesting your
rich relatives will, then you would need a litigator, who knows how to arrange the
problem for presentation in court, and gather evidence to support the case. 21
That fact that the corporation employs paralegals to carry out its services is not
controlling. What is important is that it is engaged in the practice of law by virtue
of the nature of the services it renders which thereby brings it within the ambit of
the statutory prohibitions against the advertisements which it has caused to be
published and are now assailed in this proceeding.
Further, as correctly and appropriately pointed out by the U.P. WILOCI, said
reported facts sufficiently establish that the main purpose of respondent is to
serve as a one-stop-shop of sorts for various legal problems wherein a client may
avail of legal services from simple documentation to complex litigation and
corporate undertakings. Most of these services are undoubtedly beyond the
domain of paralegals, but rather, are exclusive functions of lawyers engaged in
the practice of law. 22
It should be noted that in our jurisdiction the services being offered by private
respondent which constitute practice of law cannot be performed by paralegals.
Only a person duly admitted as a member of the bar, or hereafter admitted as
such in accordance with the provisions of the Rules of Court, and who is in good
and regular standing, is entitled to practice law. 23
Public policy requires that the practice of law be limited to those individuals found
duly qualified in education and character. The permissive right conferred on the
lawyers is an individual and limited privilege subject to withdrawal if he fails to
maintain proper standards of moral and professional conduct. The purpose is to
protect the public, the court, the client and the bar from the incompetence or
dishonesty of those unlicensed to practice law and not subject to the disciplinary
control of the court. 24
Anent the issue on the validity of the questioned advertisements, the Code of
Professional Responsibility provides that a lawyer in making known his legal
services shall use only true, honest, fair, dignified and objective information or
statement of facts. 33 He is not supposed to use or permit the use of any false,
fraudulent, misleading, deceptive, undignified, self-laudatory or unfair statement
or claim regarding his qualifications or legal services. 34 Nor shall he pay or give
something of value to representatives of the mass media in anticipation of, or in
return for, publicity to attract legal business. 35 Prior to the adoption of the code of
Professional Responsibility, the Canons of Professional Ethics had also warned
that lawyers should not resort to indirect advertisements for professional
employment, such as furnishing or inspiring newspaper comments, or procuring
his photograph to be published in connection with causes in which the lawyer has
been or is engaged or concerning the manner of their conduct, the magnitude of
the interest involved, the importance of the lawyer's position, and all other like
self-laudation. 36
The standards of the legal profession condemn the lawyer's advertisement of his
talents. A lawyer cannot, without violating the ethics of his profession. advertise
his talents or skill as in a manner similar to a merchant advertising his goods. 37
The prescription against advertising of legal services or solicitation of legal
business rests on the fundamental postulate that the that the practice of law is a
profession. Thus, in the case of The Director of Religious Affairs. vs. Estanislao
R. Bayot 38 an advertisement, similar to those of respondent which are involved in
the present proceeding, 39 was held to constitute improper advertising or
solicitation.
We repeat, the canon of the profession tell us that the best advertising possible
for a lawyer is a well-merited reputation for professional capacity and fidelity to
trust, which must be earned as the outcome of character and conduct. Good and
efficient service to a client as well as to the community has a way of publicizing
itself and catching public attention. That publicity is a normal by-product of
effective service which is right and proper. A good and reputable lawyer needs
no artificial stimulus to generate it and to magnify his success. He easily sees the
difference between a normal by-product of able service and the unwholesome
result of propaganda. 40
Of course, not all types of advertising or solicitation are prohibited. The canons of
the profession enumerate exceptions to the rule against advertising or solicitation
and define the extent to which they may be undertaken. The exceptions are of
two broad categories, namely, those which are expressly allowed and those
which are necessarily implied from the restrictions. 41
The first of such exceptions is the publication in reputable law lists, in a manner
consistent with the standards of conduct imposed by the canons, of brief
biographical and informative data. "Such data must not be misleading and may
include only a statement of the lawyer's name and the names of his professional
associates; addresses, telephone numbers, cable addresses; branches of law
practiced; date and place of birth and admission to the bar; schools attended with
dates of graduation, degrees and other educational distinction; public or quasi-
public offices; posts of honor; legal authorships; legal teaching positions;
membership and offices in bar associations and committees thereof, in legal and
scientific societies and legal fraternities; the fact of listings in other reputable law
lists; the names and addresses of references; and, with their written consent, the
names of clients regularly represented." 42
The law list must be a reputable law list published primarily for that purpose; it
cannot be a mere supplemental feature of a paper, magazine, trade journal or
periodical which is published principally for other purposes. For that reason, a
lawyer may not properly publish his brief biographical and informative data in a
daily paper, magazine, trade journal or society program. Nor may a lawyer permit
his name to be published in a law list the conduct, management or contents of
which are calculated or likely to deceive or injure the public or the bar, or to lower
the dignity or standing of the profession. 43
The use of an ordinary simple professional card is also permitted. The card may
contain only a statement of his name, the name of the law firm which he is
connected with, address, telephone number and special branch of law practiced.
The publication of a simple announcement of the opening of a law firm or of
changes in the partnership, associates, firm name or office address, being for the
convenience of the profession, is not objectionable. He may likewise have his
name listed in a telephone directory but not under a designation of special
branch of law. 44
Verily, taking into consideration the nature and contents of the advertisements for
which respondent is being taken to task, which even includes a quotation of the
fees charged by said respondent corporation for services rendered, we find and
so hold that the same definitely do not and conclusively cannot fall under any of
the above-mentioned exceptions.
The ruling in the case of Bates, et al. vs. State Bar of Arizona, 45 which is
repeatedly invoked and constitutes the justification relied upon by respondent, is
obviously not applicable to the case at bar. Foremost is the fact that the
disciplinary rule involved in said case explicitly allows a lawyer, as an exception
to the prohibition against advertisements by lawyers, to publish a statement of
legal fees for an initial consultation or the availability upon request of a written
schedule of fees or an estimate of the fee to be charged for the specific services.
No such exception is provided for, expressly or impliedly, whether in our former
Canons of Professional Ethics or the present Code of Professional
Responsibility. Besides, even the disciplinary rule in the Bates case contains a
proviso that the exceptions stated therein are "not applicable in any state unless
and until it is implemented by such authority in that state." 46 This goes to show
that an exception to the general rule, such as that being invoked by herein
respondent, can be made only if and when the canons expressly provide for such
an exception. Otherwise, the prohibition stands, as in the case at bar.
Secondly, it is our firm belief that with the present situation of our legal and
judicial systems, to allow the publication of advertisements of the kind used by
respondent would only serve to aggravate what is already a deteriorating public
opinion of the legal profession whose integrity has consistently been under attack
lately by media and the community in general. At this point in time, it is of utmost
importance in the face of such negative, even if unfair, criticisms at times, to
adopt and maintain that level of professional conduct which is beyond reproach,
and to exert all efforts to regain the high esteem formerly accorded to the legal
profession.
While we deem it necessary that the question as to the legality or illegality of the
purpose/s for which the Legal Clinic, Inc. was created should be passed upon
and determined, we are constrained to refrain from lapsing into an obiter on that
aspect since it is clearly not within the adjudicative parameters of the present
proceeding which is merely administrative in nature. It is, of course, imperative
that this matter be promptly determined, albeit in a different proceeding and
forum, since, under the present state of our law and jurisprudence, a corporation
cannot be organized for or engage in the practice of law in this country. This
interdiction, just like the rule against unethical advertising, cannot be subverted
by employing some so-called paralegals supposedly rendering the alleged
support services.
The remedy for the apparent breach of this prohibition by respondent is the
concern and province of the Solicitor General who can institute the
corresponding quo warranto action, 50 after due ascertainment of the factual
background and basis for the grant of respondent's corporate charter, in light of
the putative misuse thereof. That spin-off from the instant bar matter is referred
to the Solicitor General for such action as may be necessary under the
circumstances.
Narvasa, C.J., Cruz, Feliciano, Padilla, Bidin, Griño-Aquino, Davide, Jr., Romero,
Nocon, Bellosillo, Melo and Quiason, JJ., concur